90-O-36
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ORDINANCE NO. 90-0-36
AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19,
UTILITIES AND SERVICES, BY CREATING ARTICLE
IX, ENVIRONMENTAL STANDARDS FOR POTABLE WATER
WELL FIELD PROTECTION; BY PROVIDING FOR
DEFINITIONS; BY PROVIDING FOR LEGISLATIVE
INTENT AND PURPOSE; BY PROVIDING FOR SCOPE;
BY PROVIDING FOR DESIGNATION OF ENFORCEMENT
OFFICIAL AND HIS POWERS AND DUTIES; BY
PROVIDING FOR ESTABLISHMENT OF WELL FIELD
PROTECTION ZONES; BY PROVIDING FOR VARIANCES;
BY PROVIDING FOR HAZARDOUS SUBSTANCES
REGULATED; BY PROVIDING FOR WELL FIELD
PROTECTION ZONE PERMITS; BY PROVIDING FOR
CONTAINMENT STANDARDS; BY PROVIDING FOR
HAZARDOUS SUBSTANCE INSPECTION PROGRAM TO
COMPLY WITH FEDERAL LAW; BY PROVIDING FOR
VIOLATIONS AND PENALTIES; BY PROVIDING FOR
STOP WORK ORDERS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there is an urgent need to protect existing and
future public
and private potable water
supply wells in
Edgewater, Florida, from the irreversible and adverse effects of
bacterial and chemical contamination; and
WHEREAS,
the replacement cost of a maJor well field is
substantial; and
WHEREAS, the Floridan Aquifer was designated by the United
States Environmental Protection Agency
as a "sole
source
aquifer," which means it is the only practical source of drinking
water for the residents of Edgewater; and
WHEREAS, there is a need to approach well field protection
in a comprehensive manner through Standards for Environmental
Protection by
controlling the storage,
handling, use and
production of hazardous substances within specified well field
protection zones and throughout Edgewater as provided
in this
Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. That Chapter 19, Utilities and Services, of the
Code of Ordinances of the City of Edgewater, Florida, be amended
by creating Article IX, Environmental Standards for Potable Water
Well Field Protection, as follows:
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Sec. 19-103. Leqislative Intent and PurPDse.
The intent and purpose of this Ordinance IS to safeguard the
\
public
health, safety and welfare of
the people of Edgewater,
Florida, by providing for regulation of
the storage,
handling,
use or production of hazardous substances within
zones of
protection surrounding potable water supply well fields, thereby
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protecting the potable ~a~er supply from contamination.
Sec. 19-104. Definitions.
City
The City of Edgewater, Florida.
EPA
United States Environmental Protection Agency.
Land Development Requlations
The Land Development Regulations of the City of Edgewater.
Hazardous Substances
Those materials
specified
in Section
19-109
of
this
Ordinance.
Non-residential Activity
Any activity occurring on any described parcel
of
land,
whether or
not within a structure,
with the exception of
residential activity as defined herein.
Planninq and Zoninq Director
The Planning and Zoning Director of the City of Edgewater.
Potable Water
Water
that
IS satisfactory for drinking,
culinary and
domestic purposes meeting current State and Federal drinking
water standards.
Potable Water Supply Well
A potable water well
to
supply water which has been
permitted for consumptive use by
the St. Johns River Water
Management District and the casing diameter is six inches or
greater.
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ORD. 90-0-36
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Primary Containment
The
first level
of
product-tight
containment, 1 .e.,
the
contact on its
lnner surface with
the hazardous
immediate
substance
inside portion of that container which comes into
being contained.
Primary Well Field Protection Zone
The
land
area
immediately surrounding
any
potable water
supply well and extending a radial distance of 200 feet.
Product-tiqht
contained
the seepage
is or could be
the hazardous
Impervious
to the hazardous substance which
so as
to prevent
of
substance from the containment system.
the containment system shall be made
To be product-tight,
of a material that is
not subject to physical or chemical deterioration.
Residential Activity
Any
building
or
structure
or
portion
thereof
that
is
designed for
or
used
for
residential
purposes
and
activity
involving
the
use
or occupancy
of
a
lot
any
for
residential
purposes.
Residential activity
shall include
those
customary and
accessory
residential
activities
associated
with the principal
permitted use
of a
lot for
residential purposes
Regulations.
Secondary Containment
as set
out
in the Land
Development
The
level
of
product-tight
containment
ex terna I to
and
separate from the primary containment.
Secondary Well Field Protection Zone
The land area surrounding the Primary Well Field
Protection
Zone
and extending a radial distance
of 800 feet from said
Primary Well Field Protection Zone.
Spill
The release or escape of a
hazardous substance, directly or
indirectly
atmosphere.
to
so i 1 s ,
surface
waters,
groundwaters
or
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ORD. 90-0-36
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Storaqe System
...",
Anyone or
combination of tanks,
sumps, wet floors,
waste
treatment facilities, pipes,
vaults, or
other portable or
fixed
containers used,
or
designed to
be
used, for
the
storage of hazardous substances at a facility.
Well
Any
excavation
that
1S
drilled,
cored,
bored,
washed,
driven,
dug,
jetted,
or otherwise
constructed
when
the
intended
use
of
such
excavation
is
for
the
location,
acquisition,
development,
or
artificial
recharge
of
groundwater, but such term does not include any well for the
purpose of obtaining
or prospecting for
oil, natural
gas,
minerals, or products of mining or quarrying, for
inserting
media to dispose of oil brines or to repressure oil bearing
or natural
gas-bearing formations or for
storing petroleum
or natural gas or other products or for temporary dewatering
or
subsurface
formations
for
mining,
quarrying
or
construction purposes.
Well Field
An
area of land which contains
or 1S designated for future
use for one or more potable water supply wells.
Well Field Protection Zone Permit
That permit issued
by the City
authorizing the
activities
provided 1n Section 19-110 of this Ordinance.
SEC. 19-105. SCOPE
The regulations set
forth herein shall
apply to all
areas
surrounding
a
well field
and
the
designated Well
Field
Protection Zones and
other areas of
Edgewater as provided
herein.
SEC. 19-106. DESIGNATION OF ENFORCING OFFICIAL AND HIS POWERS
AND DUTIES
The enforcement official whose duties shall include, but not
be limited to, enforcement, inspection, record keeping, and
administration
in its
ordinance implementing
this Article
shall be the Planning and Zoning Director or his designee.
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ORD. 90-0-36
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SEC. 19-107. RESTRICTIONS WITHIN THE ZONES
1) For the Primary Well Field Protection Zone, except as
otherwise provided
ln
this Article,
any new use,
handling, production or storage of hazardous substances
shall be prohibited.
Provided,
however, any existing
storage of hazardous
use,
handling,
production or
substances shall be considered a non-conforming use,
but shall
apply for a well field protection permit as
provided in this article.
2) For the Secondary Well Field Protection Zone, except as
otherwise provided in this Article, any new or existing
non-residential use, handling, production or storage of
hazardous substances shall be considered non-conforming
uses,
but
shall apply for
a well field
protection
permit as provided in this Article.
SEC. 19-108. EXEMPTIONS
The following
activities or
uses are exempt from the
provision of this Article:
1) The transportation of any hazardous substance through
either or
both the Primary or Secondary Well
Field
Protection Zone, provided the
in transit.
transporting vehicle is
2)
Agricultural uses,
including mosquito control,
excep t
that said uses shall comply with Chapter 487.011, et
seq . ,
the Florida Pesticide Law and
the Florida
Pesticide Application Act of 1974 and Rule 5E 2.001 et
seq . ,
and
Rule
5E-9. 001,
et
seq. ,
Florida
Administrative Code.
3) The use of any hazardous substance solely as fuel ln a
vehicle fuel tank or as lubricant in a vehicle.
4)
Fire, police,
emergency medical
servlces,
emergency
utilities,
management center
facilities,
and public
except for landfills.
5) Office uses, except for the storage, handling or use of
hazardous substances as provided
for
ln applicable
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ORD. 90-0-36
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administrative codes.
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6)
Repairing
or
maintaining
any existing
facility or
improvement on lands within the Primary or Secondary
Well Field Protection Zone.
7)
Storage
tanks which
are constructed and
operated in
accordance with the storage tanks regulations as set
forth in Chapter 17-61, Florida Administrative Code.
8) Geotechnical Borings.
9) Residential activities.
10) Public utility emergency generating facilities except
that
permanently
installed
fuel
storage facilities
exempted under Chapter
17-61,
Florida Administrative
Code, shall have secondary containment.
SEC. 19-109. HAZARDOUS SUBSTANCES REGULATED
1 )
The hazardous substances regulated by
this Ordinance
shall consist of the following:
a) Chapter 38F-41 of the Florida Administrative
Code (the Florida Substance List).
b) Title 40 of the Code of Federal Regulations
Part 261 (Identification and Listing of Hazardous
Wastes) .
c) Title 40 of the Code of Federal Regulations
Part 302.4 (Table 302.4) (List of Hazardous
Substances and Reportable Quantities).
d) Title 40 of the Code of Federal Regulations
Part 355, Appendix A and B (List of Extremely
Hazardous Substances).
A hazardous substance,
as defined
herein,
includes any
solution, mixture, or formulation containing such materials,
and also includes any material which, due to its chemical or
physical characteristics poses a substantial threat
to the
life, health,
or safety of persons or property or to
the
environment.
SEC. 19-110. WELL FIELD PROTECTION ZONE PERMITS
Except as otherwise provided herein and in Sections 19-107 &
19-108 of
this Article, no person shall construct, modify,
install, or
replace, a hazardous substance storage system,
or component thereof within the Primary or Secondary Potable
Well Field
Protection Zone or
allow
the discharge of a
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ORD. 90-0-36
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hazardous substance
.....,
into the soils, groundwater
or surface
water within said zone.
Underground vehicular fuel
storage
subject to Chapter
17-61, Florida
Administrative Code,
1S
exempt from these permit requirements.
A. General Permit requirements:
1 )
Application
for
a
well
field
protection
permit,
or
renewal
thereof, shall
be made and
completed
in
the
manner
and
on
the
fOl-ms
prescribed by the City.
The application shall
be
completed with all requested information and shall
be signed by the owner or operator, as applicable.
The
the
completed application
shall be
submitted to
togethel- wi th
Planning and
Zoning director,
the appropriate permit fee.
2)
The
City shall
issue or
renew said
permit
upon
the
applicant's
demonstration
that
all
applicable regulations
been
and 0 thel-
and upon
standards
required
by this
Ordinance
have
met
receipt of the appropriate said fee.
3)
Said permit,
when issued,
sha 11
be in
the
name
of
the
owner 01-
operator,
as applicable,
which
name may
be that
of an
individual, firm,
association,
joint
venture,
corpol-ation,
partnership, governmental
entity, or other
legal
entity.
A
permit shall
specify
the
regulated
facility covered
by the permit.
Said permit may
cover
one (1) or more hazardous substance storage
systems located at the same facility.
Said permit
shall
provide conditions necessary to ensure that
the
provisions
of
the
Ordinance
are
met.
Commencement
of
construction
of
a
regulated
facility
under a
well
field
protection permit
shall
be
deemed
acceptance
of
all
conditions
specified in the permit.
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ORD. 90-0-36
B.
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Documents.
...""
When a well field protection permit 1S
required,
the following
information
and accompanying
documentation as may
be applicable shall be
submitted
to
the local government,
together with
the completed
application:
1) Construction plans and specifications for the
hazardous substance storage system, including, but
not limited
to, details of tanks,
conveyance and
pumping
systems,
secondary
containment,
leak
detection,
overfill protection,
and
access.
A
Professional
Engineer
licensed by
the State of
Florida,
will be
required to
certify compliance
with this Article.
2)
Prior
to
any
person
causing,
allowing,
permitting,
or
suffering
the
placement
of any
hazardous substance in a storage system covered by
a well field
protection permit, pursuant to
this
Article, may
not be approved unless
the owner or
operator
demonstrates that
the
system has
been
constructed 1n
substantial
conformity
with
the
permit.
3) Upon closure of a hazardous substance storage
system,
the
facility
owner
or
operator
shall
notify the
City of
its
intention to
close
the
storage system.
C. Denial. Suspension. or Revocation of Permits.
1 )
The City
may
deny,
suspend,
or
revoke a
permit
for failure
to comply
with
this Article
and/or
the
conditions
of
any
permit
issued
pursuant to this Article.
The City may revoke any
permit
issued
pursuant to
this
Ordinance
on a
finding that the permit holder or his agent:
a)
Knowingly submitted
false or inaccurate
information in the application or operational
reports.
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ORD. 90-0-36
b)
Has violated
....,
the provisions of
this
....
Ordinance or permit conditions.
c)
Has
refused
lawful
inspections
as
required by this Ordinance.
SEC. 19-111. CONTAINMENT STANDARDS
A. Except as provided in Sections 19-107 & 19-108 of this
Article,
no person,
firm,
or
corporation shall
construct 0'-
install any storage system for hazardous
substances within
the Primary or Secondary Well Field
Protection Zone until
an approved permit has been
issued as provided in the Article.
B.
Monitorinq Capacity.
Except as provided ln Sections
19-107 & 19-108 of this Article,
all storage systems
intended for
the storage of hazardous substances shall
be designed with the capability of detecting that the
hazardous substance stored in the primary containment
has
entered
the
secondary containment.
Visual
inspection of the primary containment is
method.
the preferred
C.
Containment Requirements.
Primary and secondary levels
of containment
sh all
be required
for
all
storage
systems
intended
for
the
storage of
hazardous
substances, except as provided in Sections 19-107 &
19-108 of this Article.
1 )
shall
be product-
All primary containment
tight.
2) Secondary containment:
a)
All
secondary containment
shall
be
constructed
of
materials of
sufficient
thickness, density, and composition so as not
to be structurally weakened as a result of
contact
with
the
discharge
hazardous
substances.
Leak-proof
trays
under
containers,
containment
floor
curbing
or
other
The
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be
installed.
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ORD. 90-0-36
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secondary
containment shall
of adequate
be
size
to handle
110% of
of each
the volume
container ln
to contain
all
sp ill s ,
order
leaks,
precipitation until
overflow,
and
appropriate
action
taken.
The
can
be
specific
selection
of materials
design and
shall be sufficient to preclude any hazardous
substances
loss to the external environment.
Secondary
containment
sha 11
be
systems
sheltered
that
the
intrusion
of
so
precipitation
is
inhibited.
These
requirements shall apply to all areas of use,
production,
handling,
all
storage
and
to
areas, and
aboveground
underground
to
and
storage areas.
b)
Vacuum
suction
devices,
absorbent
scavenger materials or other devices approved
by
City,
on-site.
shall
be
present
the
Devices
available in
or materials
shall be
sufficient
so as to
control and
magnitude
collect
of
hazardous
the
total
quantity
substances.
To
feasible,
the
degree
emergency
containers shall be present and of
such capacity as
to hold the total
quantity
of
plus
absorbent
hazardous
substances
material.
c)
Procedures
established
for
sha 11
be
periodic in-house
inspection and maintenance
of containment and emergency equipment.
Such
procedures shall
A regular
be in
writing.
checklist and
schedule of maintenance
shall
be established and
a log
sha 11 be
kept of
inspections
Such logs and
and maintenance.
records shall be
kept on-site for inspection
by the City.
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ORD. 90-0-36
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D. Out-of Service Storaqe Systems.
1 )
Storage systems which
are out
of service shall
continue to be monitored and inspected.
2)
Any storage system which
is not
being monitored
and inspected in accordance with this chapter shall be
closed or removed in a manner approved by the City.
3) Whenever an abandoned storage system is located, a
plan for
the closing
or
remov1ng
or upgrading
and
permitting of such
storage system shall be filed at a
reasonable time as determined by the City.
E. Maintenance, Repair, or Replacement.
1) Any modification or repair of a storage system,
other than minor repairs or emergency repairs, shall be
in accordance with plans to be submitted to the City
and approved prior to the initiation of such work.
2)
A facility owner or
operator may make emergency
repairs to a storage system in advance of seeking an
approval
prevent
whenever an immediate repair is required to
or contain an unauthorized discharge or
to
protect the integrity of the containment.
3) Replacement of any existing storage system for
hazardous substances must be in accordance with the new
installation standards.
SEC. 19-112. HAZARDOUS SUBSTANCE INSPECTION PROGRAM TO
COMPLY WITH FEDERAL LAW
The City of Edgewater will develop an inspection program to
insure compliance with Title 40 Code of Federal
Regulations
260.00-265.00 in coordination with Volusia County.
SEC. 19-113. VIOLATIONS AND PENALTIES.
If it 1S determined by the enforcement official
that any
person 1S violating
any provisions of
this ordinance,
the
enforcement
official shall notify
that person, 1n writing,
indicating the nature of
the violation and
ordering
any
this
Code
action necessary to correct
it.
Any violation of
ordinance may be referred
to
the City of Edgewater
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ORD. 90-0-36
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(Code of Ordinances~ Chapter 2,
Article
Enforcement Board.
I I 1)
Any person found guilty of a violation of any of the
provisions of this ordinance,
or any
lawful order
of the
city council, development
rev1ew committee or enforcement
official,
may be punished by a fine not
to
exceed five
hundred
do 11 ars
($500.00) ,
and/or
incarceration not
to
exceed sixty (60 days.
Notwithstanding any other ~rovisions
of this ordinance, a violation of this ordnance, may be
abated by any manner as provided by
law.
Each
day the
violation continues shall be deemed a separate offense.
INJUNCTIVE RELIEF.
In addition to any penalty provided by law for the violation
of any of the provisions of this ordinance, the city council
may bring suit in the appropriate circuit court
to enjoin,
restrain or otherwise prevent
the violation of any of the
provisions of this ordinance, in any manner
law.
as provided by
SEC. 19-114. STOP WORK ORDERS
The City will
provide for the
issuance of a
"Stop Work
Order" for a violation of this Article.
SEC. 19-115. SEVERABILITY
If any section, part of a section, paragraph, clause, phrase
or work of this Ordinance 1S declared invalid, the remaining
provisions of this Ordinance shall not be affected.
SEC. 19-116. EFFECTIVE DATE
This Ordinance shall
take effect
immediately upon
its
adoption by the City Council of The City of Edgewater,
Florida, and approval as provided by law.
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ORD. 90-0-36
This Ordinance was introduced by councilman Gold
This Ordinance was read on first reading and passed by a vote
of the City Council of the City of Edgewater, Florida, and approval
as provided by law, at a xeRular meeting of said Council held
on the 17 day of September , 1990.
The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 1 day of October , 1990.
ROLL CALL VOTE ON ORDINANCE eo, 90-0 36:FIRST READING: 4//
MAYOR
SECOND READING:
UVUNl;IL — GUNN YUUN
� 7
CITYCLER$. pppppp
ThisOrdinance read and adopted on second reading at a '��'
meeting of the City Cc ncil of the Edgewater, Edgewater, Florida, and
aut tiicOated this day of , 1990.
MAYOR
Approv o
�B
A rney
13 Ord. 90-0-36